How to Become a Notary in Minnesota Form
How to Become a Notary in Minnesota.pdf Use this as a guide when filing your application with the Secretary of State.Download
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Notary Commission Guide From the Offi ce of the Minnesota Secretary of State As a notary public, you are an appointed and commissioned offi cer that serves the public by administering oaths and acti ng as an offi cial witness to people who seek your assistance in certi fying or att esti ng to documents. CONGRATULATIONS! NOTARY CHECKLIST: Follow these next steps to prepare you for your duti es: • Register your commission with the county in which you reside. If you are not a Minnesota resident, you may register in any Minnesota county. The fee to register a commission with a county is $20. Visit www.sos.state.mn.us for county offi ce locati ons. • Submit two sample signatures to the county when registering your commission: one that includes your full name as listed on the commission and one that is your normal signature, which you should use to sign all notarial acts. • Purchase a notary stamp from a stamp manufacturer or offi ce supply store. It must contain the state seal, the term “Notary Public,” your name as it appears on your notary certi fi cate, and the commission expirati on date. See Minnesota Statutes 359.03, subd. 3 for additi onal stamp requirements. If it is ever lost or stolen, contact the Offi ce of the Minnesota Secretary of State. • Obtain a journal to keep a record of your notarial acts (opti onal–see “Notarial Journal” secti on for more informati on). • Ask your employer or insurance provider if securing a bond or insurance is necessary. • Seek additi onal training and educati on (opti onal). Visit htt p://notary.sos.state.mn.us for more informati on. • Review Minnesota Statutes chapters 357, 358 and 359 at www.leg.state.mn.us to familiarize yourself with notary requirements. PERFORMING YOUR DUTIES: You may only perform notarial acts if: 1. the document signer appears in person before you; and 2. you are in the state of Minnesota at the ti me. NOTARIAL ACTS: As a notary, you will likely perform the following: 1. Witnessing signatures. 2. Att esti ng to copies of documents. Notaries evaluate copied documents to determine that they are complete and correct reproducti ons of the original documents. 3. Certi fying that the document signer swears (or affi rms) that the document contents are truthful. You may charge up to $1 for most notarial acts (see Minnesota Statutes, secti on 357.17 for a list of excepti ons). 4. Providing acknowledgments, which means certi fying that the signature already appearing on the document is genuine. If individuals have signed on behalf of another person or an organizati on, they must also demonstrate their authority to do so (see page 3 for example). 5. Administering writt en oaths. 6. Administering oral oaths. Oath-takers must raise their hand and say the oath aloud. Offi ce of the Minnesota Secretary of State | Business Center & Service Counter | 60 Empire Drive, Suite 100 Retirement Systems Building of Minnesota | St. Paul, MN 55103 | 651-296-2803 | MN Relay Service 711 | [email protected] http//notary.sos.state.mn.us Notary Commission Guide Page 2 NOTARIZING A DOCUMENT There are six steps to notarizing a document: 4. Complete the certi fi cate or “jurat,” to certi fy that the document was signed, sworn to, or acknowledged in front of you. The certi fi cate will usually be pre-printed on documents with blanks for you to fi ll in the following informati on: DO NOT NOTARIZE IF: • The document signer or oath-taker does not personally appear before you. • The document signer or oath-taker appears unwilling or coerced. • The document signer does not provide sati sfactory evidence that he or she is the person whose true signature appears on the document. • You have not fully completed the certi fi cate or jurat. • You are outside of the State of Minnesota. • The document is an original birth, death or marriage certi fi cate. Certi fi ed copies should be obtained from the Minnesota Department of Health or the county. • You believe the document or transacti on is decepti ve or fraudulent. • You are the signer of the document to be notarized. • You will profi t or gain from the transacti on. • You do not have adequate ti me to carry out the notarial act properly. • You believe doing so will violate the law governing notarial acts. • There is a potenti al for a confl ict of interest (i.e., notarizing for a family member). 1. Verify the identi ty of document signers either by seeing their identi fi cati on or by having a credible witness swear to their i denti ty (verifying identi ti es is not necessary if you personally know the document signers). 2. Verify a document signer’s willingness to sign the document. 3. Perform the notarial act. GUIDELINES FOR NOTARIES No Advice: Do not provide unauthorized advice or services; leave that to the experts in those fi elds. Privacy: Respect the privacy of each signer and do not divulge or use personal or proprietary informati on disclosed during the executi on of a notarial act for other than an offi cial purpose. a. the state (Minnesota) and the county in which you are administering the notarial act; b. the date; c. the names of the document signers; d. your signature; e. your ti tle; and f. the date that your commission expires. Be sure to use your normal signature when signing. Please note, if your name is typed or printed as part of the certi fi cate, it must be in the same form as it appears on your stamp and your notary commission. 5. Affi x your stamp to the document. 6. Record the notarial act in your journal (opti onal–see “Notarial Journal” secti on for more informati on). Offi ce of the Minnesota Secretary of State | Business Center & Service Counter | 60 Empire Drive, Suite 100 Retirement Systems Building of Minnesota | St. Paul, MN 55103 | 651-296-2803 | MN Relay Service 711 | [email protected] http//notary.sos.state.mn.us Notary Commission Guide Page 3 NOTARIAL JOURNAL State law does not require a notary to keep records of their offi cial acts. However, it is recommended that you keep a journal to assist in recalling what you have done, if needed or if legally challenged. You should record the following informati on: 1. Date 2. Type of notarial act 3. A descripti on of the document 4. The signature, printed name and address of each document signer 5. How the signer proved their identi ty 6. County 7. Fee charged, if any Safeguard your journal because it serves as an important public record. Please note, even if you became a notary as a functi on of your employment, the stamp and journal are your personal property. EXAMPLE CERTIFICATE FOR AN ACKNOWLEDGMENT Below is an example of the certi fi cate that a notary completes for an acknowledgment of an individual who signed on his or her own behalf. For other examples see Minnesota Statutes, Chapter 358.48. This document is available in alternati ve formats. This is a general guide and is not intended to provide guidance for every situati on you may encounter as a notary. If at anyti me you are unsure how to proceed, it is recommended you seek legal advice; as a notary you may be criminally and civilly liable for any negligent or fraudulent acts.• To cancel your commission, email the Offi ce of the Secretary of State at [email protected], or call us at 651-296-2803 or toll free at 1-877-551-6767 and press opti on #3. • Register any name or address changes with the Offi ce of the Secretary of State within 30 days of the change. • Renew your commission with the Offi ce of the Secretary of State and re-register with your county every fi ve years. KEEPING YOUR COMMISSION UPsT0sDATE (Signature of notarial offi cer) Title (and Rank) My Commission Expires: dd/mm/yyyy STATE OF MINNESOTA COUNTY OFRelevant article from our knowledge databaseThis instrument was acknowledged before me on .......(date) by ..................(name(s) of document signer(s)). OFFICE OF THE SECRETARY OF STATE 60 Empire Drive, Suite 100 Reti rement Systems Building of Minnesota St. Paul, MN 55103 Web site: htt p://notary.sos.state.mn.us E-mail: [email protected] Fax: 651-215-1009 Phone: 651-296-2803 Toll Free: 1-877-551-6767 Minnesota Relay Service: 711 Offi ce of the Minnesota Secretary of State | Business Center & Service Counter | 60 Empire Drive, Suite 100 Retirement Systems Building of Minnesota | St. Paul, MN 55103 | 651-296-2803 | MN Relay Service 711 | [email protected] http//notary.sos.state.mn.us
The form is fairly easy, so fill this up neatly and carefully. A consent form should be submitted in addition to the original filing or amendment you would like to record. It is required if there is a conflict between the business name you are filing and an existing business name.
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